State v. Schmidt
Annotate this CaseDefendant was charged with eleven counts related to his alleged sexual abuse of C.E. The State requested that a magistrate bind Defendant over for trial. After a hearing, the magistrate concluded that the evidence was so contradictory, inconsistent, and unbelievable that she need not “give credence” to C.E.’s testimony. Because the case depended “solely on the testimony of [C.E.]”, the magistrate granted Defendant’s motion to dismiss the charges, finding that the prosecution failed to present sufficient evidence to support a reasonable belief that Defendant committed the crimes charged. The First Circuit reversed the magistrate’s decision, holding (1) the magistrate exceeded her discretion in disregarding C.E.’s testimony because there was at least a reasonable inference from the evidence that C.E. was telling the truth; and (2) the magistrate exceeded her discretion in refusing to bind Defendant over for trial because C.E.’s testimony described daily sexual abuse over a four-year period.
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